The service contract in Roman law

Автор: Maksimović Sanja, Despotović Danijela

Журнал: Pravo - teorija i praksa @pravni-fakultet

Рубрика: Views and oppinions

Статья в выпуске: 7-9 vol.33, 2016 года.

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The service contract has been existing since Roman law. It originates from the locatio operis conductio contracts. It was the contract by which one party a conductor - was obliged to perform a specific job, such as a shoe making, wine transportation, etc., and the other party, a locator was obliged to pay the specified fee. It is very interesting that in Roman law a clear distinction was made between ordinary activities and those required a special education. In fact, in Roman law, jobs demanded a greater knowledge, usually possessed by highly educated people (teachers, lawyers), were not the subject of locatio operis condutio but mandatum which was considered to be a free contract. This paper will examine the origin of the service contract in Roman law, because it represents a basis and foundation of today's European legal system, and in addition, it is the most developed and comprehensive legal system of the ancient times.

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The origin of the service contract, locatio conducti, locatioconductio rei, locatio conductio operarum, locatio conductio operis faciendi

Короткий адрес: https://sciup.org/170202448

IDR: 170202448   |   DOI: 10.5937/ptp1609032M

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